In South Africa, legislation would restrict press

H.E. Jacob Zuma
President of the Republic of South Africa
Pretoria, South Africa

Via facsimile: (27) 12 323 8246

Dear President Zuma:

We are writing to express our concern about legislative proposals that would
severely restrict South Africa's independent press corps, which is
distinguished for its dynamism and professionalism. We call on you as the head of state and
leader of the ruling African National Congress (ANC) to ensure that such proposals are either amended in line with
constitutional safeguards for freedom of the press and access to information,
or withdrawn altogether in the interest of preserving the transparency, accountability,
and democracy gained after apartheid.

The Protection of Information Bill currently
before parliament is meant to replace an
apartheid-era law dating from 1982. Yet the broad language and far-reaching
provisions of the legislative proposal introduced by
Security Minister
Siyabonga Cwele is reminiscent of apartheid-era regulations since it would virtually
shield the government from the scrutiny of the independent press and
criminalize activities essential to investigative journalism, a vital public
service. Journalists, under the proposed law, would face heavy jail time for
violations.

Under the bill, officials and
state agencies would have unchecked authority and discretion to classify any
public or commercial data as secret, confidential, protected, or
sensitive based on vaguely defined "national interest" considerations
and without any explanation, according to our research and legal experts.
National interest would, for instance, include "details of criminal investigations," a
definition that risks chilling coverage of public law enforcement and judicial
matters. Political appointees overseeing state intelligence agencies would have
final say over which information should be classified or not. The bill places
the onus on journalists
to establish "public interest" (broadly defined as "all those matters that
constitute the common good, well-being or general welfare and protection of the
people") to justify declassifying any information. Journalists and others found
guilty of unauthorized disclosure of official or classified information could
face up to 25 years in jail.

We
are also concerned about an ANC proposal to establish a special tribunal called
the Media Appeals
Tribunal that would issue unspecified
sanctions for complaints against the press. As the leader of the
ANC, we call on you to urge the ANC General Council to abandon this proposal
as government-sponsored media regulatory agencies across Africa have been used
time and time again as instruments of political censorship. Moreover, we
believe members of the public already have mechanisms of legal redress to
settle disputes with the press in addition to the existing media
self-regulatory institutions.

Beyond our concern about legal developments, finally, we are concerned about the August 4
arrest and ongoing prosecution
of Sunday Times journalist Mzilikazi wa Africa on charges of "fraud, forgery, and uttering," (which, in legal terms,
means "to issue a forged document") over an unpublished
story critical of the police--especially in light of reports
that suggest his arrest may have been in retaliation for critical coverage
of ANC officials in Mpumalanga, particularly Premier David Mabuza.

Mr.
President, we welcome government spokesman Themba Maseko's recent assurances
that the government has no plans to "muzzle the media in any shape or form." The
growth of South Africa's democracy will depend on the government's acceptance
and tolerance of the media's scrutiny of its performance.

We therefore call on you to amend or shelve
the Protection of Information Bill and the Media Appeals Tribunals proposal as
they undermine guarantees for a free media and access to information as
enshrined in the Constitution, the Johannesburg
Principles on National Security, Freedom of Expression and Access to
Information and theDeclaration of Principles on Freedom of Expression in Africa. We ask that you ensure that any
media reform in South Africa is the result of a transparent, consultative
process reconciling the interests of government, the ANC, and the concerns
expressed by the overwhelming majority of civil society.

Thank for your attention to these important matters. We
look forward to your response.